A.
Statutory requirements. Class A and B licenses shall
be issued only to persons eligible therefor as per Ch. 125, Wis. Stats.
B.
Location of liquor establishments. No retail "Class
A" or "Class B" intoxicating liquor license shall be issued for premises
the main entrance of which is less than 300 feet from the main entrance
of any established public school, parochial school, hospital, or church.
Such distance shall be measured by the shortest route along the highway
from the closest point of the main entrance of such school, church,
or hospital to the main entrance of the premises proposed for licensing.
C.
Violators of liquor or beer laws or ordinances. No
retail Class A or B or operator's license shall be issued to any person
who has been convicted of a violation of any federal or state alcohol
beverage law or any other law substantially related to the sale of
alcohol beverages or the provisions of this chapter during one year
prior to such application. A conviction of a member of a partnership
or the partnership itself shall make the partnership or any member
thereof ineligible for a license for one year.
D.
Health and sanitary requirements. No retail Class
B license shall be issued for any premises which does not conform
to the sanitary, safety, and health requirements of the State Department
of Commerce pertaining to buildings and plumbing, to the rules and
regulations of the State Department of Health and Family Services
applicable to restaurants and to all such ordinances and regulations
adopted by the Village.
[Amended 3-19-2001 by Ord. No. 01-2001]
E.
License quota. The number of persons and places that
may be granted a retail Class B liquor license under this chapter
is limited as provided in s. 125.51(4), Wis. Stats.
F.
Corporations. No license shall be granted to any corporation
when more than 50% of the voting stock interest, legal interest or
beneficial interest is held by any person or persons not eligible
for a license under this chapter.
G.
Age requirement. No license hereunder shall be granted
to any person under the legal drinking age.
H.
Effect of revocation of license. Whenever any license
has been revoked, at least six months from the time of such revocation
shall elapse before another license shall be granted for the same
premises and 12 months shall elapse before another license shall be
granted to the person whose license was revoked.
I.
Delinquent taxes, assessments, and claims. No license
shall be granted for any premises for which taxes, assessments or
other claims of the Village are delinquent and unpaid, or to any person
delinquent in payment of such claims to the Village.
J.
Issuance for sales in dwellings prohibited. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat, or residential apartment, and no "Class A" or "Class B" intoxicating liquor license shall be issued for any premises within a residential district under Chapter 325, Zoning, except where there already exists a license for such premises.
K.
Keeping of unauthorized alcohol beverages prohibited.
No alcohol beverage shall be kept on any licensed premises if it is
of a type not authorized to be sold by the licensee.
L.
Search of licensed premises. It is a condition of
any license issued hereunder that the licensed premises may be entered
and inspected at any reasonable hour by any peace officer without
a warrant and application for a license hereunder shall be deemed
a consent to this provision. Any refusal to permit such inspection
shall automatically operate as a revocation of any license issued
hereunder and shall be a violation of this section.
M.
Multiple licenses limited. No person shall hold more
than two Class A or B licenses of any kind, except this provision
does not apply to hotels or clubs. No license shall be issued to any
person if it would cause that person to hold more than two Class A
or B licenses in this state, except that hotels or clubs may hold
more than two liquor licenses. (See s. 125.31, Wis. Stats.)
A.
Gambling and disorderly conduct prohibited. Each licensed
premises shall at all times be conducted in an orderly manner, and
no disorderly, riotous or indecent conduct or gambling shall be allowed
at any time on any licensed premises.
B.
Sales by clubs. No club shall sell alcohol beverages
except to members and guests invited by members.
C.
Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
D.
Free meals. No person holding a license or permit
to sell alcohol beverages may give away or permit to be given away
any meals, except popcorn, cheese, crackers, pretzels, sausage, fish,
or bread and butter on the licensed premises.
E.
Sales to intoxicated persons prohibited. No licensee
or permittee shall sell, vend, deal or traffic in alcohol beverages
to or with a person who is intoxicated.
F.
Solicitation of drinks prohibited. No person shall
solicit or be allowed to solicit drinks on a licensed premises.
G.
Sales to minors. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any person under the legal drinking age not accompanied by his or her parent, guardian or adult spouse, or sell, vend, deal or traffic in intoxicating liquor to or with any person under the legal drinking age. (See also § 109-17 of this chapter.)
H.
Possession and consumption outside licensed premises
prohibited. No licensee shall permit the possession or consumption
of alcohol beverages on any portion of the licensed premises not enclosed
within the building. No person shall consume or have in his or her
possession alcohol beverages on any unenclosed part of a licensed
premises. No licensee shall permit the removal of any alcoholic beverage
from the licensed premises in an open container. No person shall remove
any alcoholic beverage from a licensed establishment in an open container.
I.
Liquor premises to have clear view from street. All
premises for which a Class A or B liquor license shall have been issued
shall be so arranged as to furnish a clear view from the street, except
in the case of restaurants, clubs, or hotels; but in the case of any
restaurant, club, or hotel where the bar room or licensed portion
of the premises is not visible from the street there shall not be
a separate advertised entrance from the street to such bar room or
licensed portion of the premises. No such premises shall, during the
hours in which the sale of liquor is prohibited, obstruct by the use
of curtains, blinds, screens or in any other manner a full and complete
view of the interior from the outside.
J.
Liquor licensees to have federal revenue stamps. No
person holding a "Class A" or "Class B" intoxicating liquor license
shall sell or keep for sale or permit to be sold or kept for sale
any intoxicating liquor unless there shall be affixed to the container
in which such liquor is placed the canceled revenue stamps required
by law, and unless there shall also be affixed to such container a
clear and legible label as required by s. 125.68(9), Wis. Stats.
No premises for which a wholesale or retail
liquor or fermented malt beverage license has been issued shall remain
open for the sale of alcohol beverages:
A.
Wholesalers. If a wholesale license, between 5:00
p.m. and 8:00 a.m., except on Saturday when the closing hour shall
be 9:00 p.m.
B.
Class A licensees. If a Class A license, between 9:00
p.m. and 6:00 a.m.
[Amended 11-4-2019 by Ord. No. 09-2019]
C.
"Class B" and "Class C" retailers.
[Amended 11-4-2019 by Ord. No. 09-2019[1]]
(1)
Subject to Subsection C(2) and (6) and § 125.51(3r)(a)3., Wis. Stats., no premises for which a "Class B" license or permit or a "Class C" license has been issued may remain open between the hours of 2:00 a.m. and 6:00 a.m., except as otherwise provided in this subsection and Subsection C(4). On January 1, premises operating under a "Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6:00 a.m. except that on the Sunday that daylight saving time begins as specified in § 175.095(2), Wis. Stats., no premises may remain open between 3:30 a.m. and 6:00 a.m. This subsection does not apply to a "Class B" license issued to a winery under § 125.51(3)(am)., Wis. Stats
(2)
Between 12:00 midnight and 6:00 a.m., no person may sell intoxicating
liquor on "Class B"-licensed premises in an original, unopened package,
container or bottle or for consumption away from the premises or on
"Class C"-licensed premises as authorized under § 125.51(3r)(a),
Wis. Stats. A municipal governing body may, by ordinance, impose more
restrictive hours than are provided in this subsection, except with
respect to the sale of intoxicating liquor authorized under § 125.51(3r)(a),
Wis. Stats. This subsection does not apply to a "Class B" license
issued to a winery under § 125.51(3)(am), Wis. Stats.
(3)
No premises for which a "Class B" license has been issued under § 125.51(3)(am),
Wis. Stats., may remain open for the sale of intoxicating liquor between
the hours of 9:00 p.m. and 8:00 a.m.
(4)
Hotels and restaurants, the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, painting studios, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell intoxicating liquor during the closing hours under Subsection C(1) or, with respect to the sale of intoxicating liquor authorized under § 125.51(3r)(a), Wis. Stats., under Subsection C(3).
(5)
A municipality may not, by ordinance, impose different hours than those provided under Subsection C(1).
(6)
No person may serve wine after 9:00 p.m. on premises covered by a
temporary "Class B" license issued as provided in § 125.51(10)(b),
Wis. Stats.
[1]
Editor's Note: This ordinance also repealed former Subsections
D, regarding exceptions for hotels and restaurants, and E, regarding
a carry-out ban, which immediately followed this subsection.
